36C77020Q0258-001.docx

36C77020Q0258

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

NCO 15 Contracting Ofc - CMOP 700-20-3-120-0039 36C77020Q0258 02-26-2020 Gregory, Nicole 913-684-0148 03-11-2020 12:00pm CST 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012 X X 561990 $12 Million N/A X Cheyenne Meds by Mail 5353 Yellowstone Road, Suite 211 Cheyenne, WY 82009-4178

36C770 Department of Veterans Affairs

NCO

15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 See CONTINUATION Page Description of Requirement:

Sensitive Information Shredding See attached Statement of Work for additional information This requirement will be 100% Full and Open.

Wage Determination 2015-5405 Revised 12/22/2019 will apply to this solicitation.

Questions will be due by COB 3/3/2020 4:00pm CST Please email all questions to the POC below Questions will be answered by amendment 3/4/2020 Offeror shall be registered and active at System for Award Management (SAM) at https://www.sam.gov at the time of offer and award to the Government POC for this RFQ is Nicole Gregory, nicole.gregory2@va.gov See CONTINUATION Page X X Nicole Gregory Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway Leavenworth KS 66048-5012

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK - Meds by Mail SHREDDING, Cheyenne

1.0 BACKGROUND:

The Department of Veterans Affairs (VA) Cheyenne Meds by Mail (MbM) processes high volume, direct-to-patient-delivery prescriptions to eligible Veterans throughout the United States using integrated, automated dispensing systems. The Cheyenne MbM has a requirement for Sensitive Information Shredding.

This award will be for a firm fixed price, indefinite delivery contract (IDC) for a duration one base year with four options to renew to commence on April 1, 2020.

The term of this contract is for the period of one base year (April 1, 2020 – March 31, 2020) with four optional years for renewal, (total Period of Performance April 1, 2020 – March 31, 2025).

The Cheyenne MbM is located at 5353 Yellowstone Rd. Suite 211 Cheyenne, WY 82009.

2.0 SCOPE OF WORK:

The Contractor shall provide all labor, equipment (inclusive of Confidential Information Consoles), supervision, and management to provide On-Site Material Shredding Services of paper containing personal, confidential, and proprietary information, and provide Certificate of Destruction (COD), in accordance with (IAW) federal, state and local laws, and ordinances of the State of Wyoming. The Contractor shall provide for Monthly, A.M. service preferable, and unscheduled services that may arise from time to time as directed by the Department of Veterans Affairs, Pharmacy Benefits Management (PBM) Meds by Mail. The Contractor shall perform all services On-Site at the Department of Veterans Affairs, Meds by Mail, Cheyenne, Wyoming located at 5353 Yellowstone Road, Cheyenne, Wyoming.

The Contractor shall collect and properly dispose of sensitive material/information in accordance with 36 CFR 1225 for On-Site Material Shredding Service in accordance with the specifications, terms and conditions of this solicitation for a period of one (1) year to commence on or about October 1, 2019 through September 30, 2020 with four (4) one-year extension options. All work is to be performed in accordance with (IAW) federal, state and local laws and ordinances of the State of Wyoming.

3.0 STATION INFORMATION:

Contracting Officer; Nicole Gregory Nicole.gregory2@va.gov

3.1 CONTRACTING OFFICER’S REPRESENTATIVE: Pursuant to VAAR Provision 852.270-1, Contracting Officer’s Representative (COR), shall be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

3.2 HOURS OF OPERATION:

Core Work Hours: Services shall be performed according to specifications of Government point of contact and Contracting Officer’s Representative (COR). The core work hours for this facility is Monday through Friday, 08:00 am to 2:00pm.

Weather Delays: In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then work may be rescheduled to a date and time satisfactory to the COR. Climate or weather postponement will not cause any penalties to be assessed to the contractor, nor shall there be any additional cost to the Government.

Holidays: The following federal holidays are observed; however, circumstances may warrant approval for work on those days upon authorization. Additionally, any other day designated by Federal law, Executive Order, or presidential proclamation.

New Year's Day Martin Luther King Jr.'s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Christmas Day

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by U.S. Government agencies.

3.3 SMOKING POLICY:

Vendor is advised that the Government has placed restrictions on the smoking of tobacco products in Government facilities. Vendor’s employees and visitors are subject to the same restrictions as Government personnel. Smoking is permitted only in designated smoking areas.

3.4 SAFETY REQUIREMENTS:

The vendor shall comply with all local, state and federal laws and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of contractor’s employees is exclusively the contractor’s obligation, and the Government will assume no liability or responsibility for the contractor’s compliance or non-compliance with such responsibilities. The vendor shall provide vendors employees with all necessary personal protective clothing and equipment. The Contracting Officer or his designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the contractor shall immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor, his representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provided for elsewhere in this contract.

3.5 WEAPONS, FIREARMS, AND AMMUNITION:

Vendor’s employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or on Government property while at VA Cheyenne MbM.

3.6 FIRE PREVENTION AND SAFETY:

Vendor’s employees shall comply with the Occupational Safety and Health Act (OSHA) and the Fire Prevention and Health Program.

3.7 STANDARDS OF CONDUCT:

The Contracting Officer or Contracting Officer’s Representative shall refer to the Contractor for immediate action (including, but not limited to, removal from the work site) any contract technician whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operation of the Cheyenne MbM facility. Breaches of conduct include, but are not limited to, intoxication or debilitation resulting from drug use; theft; dereliction; negligence in performing tasks or other conduct resulting in complaints by staff or management.

3.8 ILLEGAL SUBSTANCES:

Illegal substance possession, use, or distribution will not be tolerated on any Government installation, including VA Cheyenne MbM. This includes prescribed medical marijuana. The contractor shall ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local authorities

4.0 OBJECTIVES:

This is a Firm-Fixed Price Services contract to collect, shred, destroy and dispose of Materials with Personally Identifiable Information (PII) and patient sensitive material, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), from Cheyenne MbM. The material to be shredded will include standard office papers, folders and possibly card stock.

The objective of this contract is to ensure the legal, proper safe-keeping and physical destruction of personal, confidential and proprietary information consisting of paper related mediums containing personal, confidential, and proprietary information per HIPAA, NARA Code of Federal Regulations - 36 CFR 1225 and NIST SP 800-88 and to provide the Department of Veterans Affairs, PBM Meds by Mail, Veterans and Employee privacy by destroying confidential information documents in accordance with:

1. VA Directive 6371, Destruction of Temporary Paper Records / See Appendix A

2. Privacy Act of 1974, 5 USC 552a

3. Federal Records Act, 44 USC Chapter 31

4. NSA/CSS 02-01, Evaluated Products List for High Security Crosscut Paper Shredders

5. NSA/CSS 02-02-M, Evaluated Products List for High Security Disintegrators

6. VA Directive 6300, Records and Information Management

7. Contractor Rules of Behavior / See Appendix C

8. VA Directive 6500, Information Security Program

9. VA Handbook 6500.1, Electronic Media Sanitization / See Appendix B

10. 36 CFR 1220.14 Subpart A, General Provisions, General Definitions

11. 36 CFR 1226.24, Destruction of Temporary Records (formerly 1228.58)

12. 44 USC 3302 § 1228.58 Destruction of Temporary Records

13. VA Directive and Handbook 0710, Personnel Suitability and Security Program The Department of Veterans Affairs adheres to the Privacy Act of 1974 that was established to ensure that government agencies protect the privacy of individuals and businesses with regard to information held by them.

Contractor shall execute the terms of this contract in a manner that will safeguard the confidentiality of all Materials and information exposed to at any of the facilities Contractor shall perform all work in accordance with the guidelines of Federal, State, and local ordinances. All safety practices prescribed by these agencies shall be followed.

4.1 GENERAL:

Contractor shall be bonded and insured.

Contractor shall provide one (1) vehicle capable of shredding all types of material at time of service, on-site.

Contractor shall perform, or cause to be performed, shredding of paper medium containing personal, confidential, and proprietary information with state-of-the-art, high capacity, high speed mobile shredding trucks. All shredding shall be crosscut, performed with hands-free shred and be on-site at the Department of Veterans Affairs facility/location, and provide Certificate of Destruction. The Contractor shall utilize high speed mobile shredding trucks, which will have a camera for viewing the material being shred/destroyed, of which shall be witnessed by the Privacy Officer (PO), or Contractor Officer Representative (COR), or his/her representative.

Contractor shall provide locking containers in the appropriate size(s) for the collection of the Materials intended for shredding, and extra set of keys to containers. Containers shall be locked and the material unable to be retrieved once it is placed in the container unless it is unlocked by Representative of the Department of Veterans Affairs or by the Contractor. Contractor shall maintain and service the containers on a regular basis, or as requested by Department of Veterans Affairs, MbM COR.

Contractor shall be responsible for collecting the locked containers from the predetermined locations at the facility and moving the containers from the holding area to Contractor’s vehicle for on-site destruction. Contractor shall then return the empty containers to the same location after the shredding process is complete.

Contractor personnel involved in the actual handling and shredding of Materials shall have a Special Agreement Check (SAC) completed and favorably adjudicated fingerprints through Department of Veterans, Security Investigations Center. Fingerprints shall be done and transmitted through any VA Medical Center Personal Identification Verification (PIV) Office to designated Security Office Identifier/Submitting Office Number (SOI/SON) location for Department of Veterans Affairs, Meds by Mail Cheyenne.

Contractor shall provide a list of personnel and alternate personnel that will perform the work, in the event of regular scheduled personnel not able to perform work or are no longer employed with Contractor. The submitted list of personnel must have a Special Agreement Check, and favorably adjudicated fingerprints.

Contractor shall allow only individuals aged 18 or over, who have appropriate contractor identification, to assist with the shredding/removal.

Contractor shall provide a written statement of assurance that all Materials intended for shredding will be completely destroyed and unreadable utilizing an on-site, crosscut shredding device. Contractor shall provide written assurance or Certificate of Destruction (COD), that all data is destroyed on site, that nothing is removed from site un-shredded. Any deviation in this MUST be approved by a contract modification prior to any changes.

Contractor’s employees must have visible on their uniform, their name and company’s logo. Contractor personnel involved in the actual handling and shredding of Materials shall wear a contractor-provided, clearly readable identification badge that at a minimum states, the name of the employee and the company. Contractor personnel's clothes are to be clean and maintained in good repair.

Contractor will be required to provide a list of drivers that may be assigned to pick up the shredding at the Cheyenne MbM facility. If there are any changes, the COR MUST be notified in advance of the pick-up.

Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning at any facility, including utility services, fire protection systems, personnel, equipment and carts.

Contractor shall provide a written schedule of the days and times of anticipated performance at the facility listed in this contract. Contractor is required to perform shredding/pick-up on day agreeable to Cheyenne MbM and the Contractor. Any changes to the schedule shall be approved in advance of the Contractor visiting the facility. Contractor shall schedule the times during normal business hours, which are between 8:00 a.m. and 2:00 p.m., Federal holidays excluded.

The COR shall conduct an initial orientation to the facilities; however, thereafter the Contractor shall be responsible for conducting orientations to new Contractor employees. This will not relieve the Contractor's obligation to provide documentation of trustworthiness of new employees.

Contractor's vehicles used to perform this contract, shall be locked and the keys removed when not in use. Vehicle(s) shall be identified and parked in a predetermined location agreeable to both Meds by Mail and the Contractor.

Contractor shall have a quality control program to assure the requirements of this contract are provided as specified.

Contractor agrees to place collection containers in the Building at Cheyenne MbM in the designated area.

Contractor shall do the first shred on site to the size of the refuse small enough that there is reasonable assurance in proportion to the data confidentiality that the data cannot be reconstructed. The final action shall be the blending of the shredded material into a paper mash (pulping) product that can be used for recycling into new paper products.

Contractor shall report to the Front office sign-in using name, date, and time reported; collect "Visitor Badge(s)” and receive appropriate instructions prior to accomplishing the collection and destruction of sensitive information via cross-shredding. All shredding shall be accomplished on the government facility. Under no circumstances shall confidential information leave the government facility prior to shredding. Upon completion of work, Contractor shall report to the front office, return "Visitor Badge(s)", and sign-out using name, date, and time departed.

All sensitive information shall be made unrecognizable, un-readable, or un-reconstructable via shredding. At no time shall contractor leave containers filled with confidential information left unattended, i.e. hallways. Contractor shall be pleasant at all times and if a concern arises, he/she shall contact the Contracting Officer Representative (COR). It is the responsibility of the Contractor to ensure the contractor's vehicle and shred mechanisms are operational and do not impede the requirements outlined herein.

Contractor may be accompanied by a VA employee to ensure that all consoles are properly collected, sensitive information is being properly handled, and disposed of in accordance to all federal, state, and local regulations. Under no circumstances shall the contractor engage in arguments, etc. with employees, visitors, volunteers, etc.

4.2 REMOVAL:

Contractor shall coordinate with Meds by Mail- Cheyenne COR for scheduled monthly shredding service and removal. If requested for special pick-ups, contractor shall be required to report to the Cheyenne MbM facility, when contacted to shred/destroy confidential information, no later than 36 hours after notification by the Cheyenne MbM representative. The removal shall be between 8 a.m., and 2 p.m., except on Saturdays, Sundays, and Federal holidays. The government shall not furnish equipment, supplies, transportation, and/or labor to effect removal or property; all such equipment, supplies, transportation, and/or labor are to be furnished by the contractor. The government shall not sort paper, remove paper clips, staples, rubber bands or any other fasteners from restricted information. The Contractor shall provide the necessary recycling containers as requested for use in Government designated storage areas for the storage of the recyclable material accumulations prior to removal by the contractor. The COR shall be responsible for approving container styles and container location/placement. At the time of each pick up, all paper must be removed to the satisfaction of Cheyenne MbM. After materials are completely shredded/made unrecognizable, 100% of the paper shall be recycled. Contractor shall be responsible for disposing of all shredded material off-site at Contractor’s own expense.

4.3 SERVICE/COLLECTION SCHEDULE:

For the first three months after contract implementation the Contractor shall monitor the usage on each container placed at the Cheyenne MbM facility. Within 15 days after that period the Contractor shall provide a copy to Cheyenne MbM and the Contracting Officer a report detailing any suggestions regarding the placement, size or frequency of service.

· Pickups will occur on the first Wednesday of the month. If all areas cannot be serviced that Wednesday, contractor shall complete work the next business day, Thursday, or other pre-arranged date of service within the same week. This change must be approved in advance by the COR.

4.4 REQUIREMENTS:

If it becomes a requirement in the future, the Contractor shall provide a signed Business Associate Agreement (BAA) regarding Veteran Privacy to the COR. The Contractor shall provide written proof that each employee providing service under this contract has a Special Agreement Check (SAC) completed and favorably adjudicated fingerprints through Department of Veterans, Security Investigations Center. Upon contract award information will be provided to the Contractor informing them of the process and the location that can provide this service. At such time that new employees are added, the Contractor shall provide documentation of the afore-mentioned to the COR.

4.5 RECEIPTS:

At the time of each removal, Meds by Mail shall require the contractor or his/her authorized representative to sign a receipt in duplicate for property removed. The receipt shall include the following information:

1. Signatures of contractor's representative and Meds by Mail.

2. Number of containers, estimated weight, and type of materials; and

3. Date of removal.

4.6 CERTIFICATE/RECORD OF DESTRUCTION:

Along with receipts, the Contractor shall furnish to Meds by Mail a certificate and/or record of destruction that all confidential materials collected were properly destroyed in accordance with all applicable laws and regulations (such as Sarbanes-Oxley, HIPAA, and the FACTA Disposal Rule). Contractor shall furnish one copy of the receipt to the Cheyenne MbM COR. Removal receipts shall be furnished to Cheyenne MbM, no later than the fifth (5th) day following pick up.

4.7 ESTIMATED WEIGHTS:

Estimated weights of the government materials are based on the best available Government information. The Government does not guarantee these estimated weights.

Estimated monthly Bins: 6 total (3 each, 64/65-gallon bins and 3 each, 36-inch locking consoles)

4.8 LAWS AND ORDINANCES:

Contractor shall comply with all applicable laws, ordinances and regulations (Federal, state, city or otherwise) covering his operations under the contract.

4.9 PERFORMANCE STANDARDS:

Quality Control: Contractor shall maintain a quality control program that ensures services are performed in accordance with these specifications throughout the entire contract period, and shall implement procedures to track, identify prevent, remedy and ensure non-recurrence of defective services. Additionally, the contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution and shall immediately notify the Contracting Officer upon receipt of a customer complaint so joint validation may be accomplished. The contractor is responsible for quality control and specification compliance.

Inspections and Acceptance: The Department of VA, Cheyenne MbM, will evaluate Contractor's performance using customer complaints, periodic on-site inspections, and may at the Government's discretion, inspect each task to verify conformance and acceptance prior to payment. The Department of VA, Cheyenne MbM will also periodically evaluate Contractor's performance in accordance with the following Quality Assurance Surveillance Plan:

Shredding Services.

Protection of Privacy Zero Tolerance.

(A) Surveillance: Cheyenne MbM can receive complaints from VA personnel and pass them to the Contracting Officer for correction.

(B) Standards: Cheyenne MbM shall notify the contracting officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed one customer complaints. The CO may consider complaints in excess of the standard as grounds for termination of the contract.

Procedures: Any VA employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the Cheyenne MbM COR and MbM will complete appropriate documentation to record the complaint. Cheyenne MbM will consider the customer complaint valid upon receipt from the customer. Cheyenne MbM should inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact MbM COR, if not corrected. Contractor will be given twenty-four (24) hours after verbal notification to address the unacceptable performance. If the Contractor disagrees with the complaint after investigation and challenges the validity of the complaint, the Contractor will notify the Contracting Officer. The Contracting Officer will conduct an investigation to determine the validity of the complaint. If the Contracting Officer determines the complaint as invalid, he will document the written complaint of the findings and notify the customer. The Contracting Officer will retain documentation for his/her files.

4.10 REPORTS:

Upon completion of any Shredding Service and within ten (10) business days after such service, the Contractor shall provide a written report of the services rendered to the Contracting Officer.

At a minimum the report shall consist of the following information:

· Service location.

· Service date(s).

· Name of Government COR at service location.

· Destruction Certificate Document number

· Date of Destruction Certification.

· Amount of shredded material (number of containers picked up and/or pounds shredded).

Any violation observed or encountered must be reported IMMEDIATELY to the Contracting Officer, advising the Department of Veterans Affairs of the violation.

4.11 CERTIFICATION OF CONTRACTORS:

Contractor shall furnish a copy of its up-to-date and current certifications to the Cheyenne MbM and to the Contracting Officer upon request and prior to the start of the contract.

4.12 CONFORMITY TO REGULATIONS:

The Contractor shall conform to all Federal, State and local regulations governing Shredding Service.

4.13 INTERFERENCE TO NORMAL FUNCTIONS:

The Contractor may be required to interrupt its work at any time so as not to interfere with the normal functioning of the facilities, fire protection systems, facility patients’ personnel, equipment and carts.

4.14 QUALIFICATION OF OFFERORS:

Quotations will be considered only from offerors who are regularly established in the business called for and who in the judgment of the Contracting Officer are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service, and adequately trained to perform services required in this SOW.

4.15 GUIDANCE FROM VA HANDBOOK 6500.6 APPENDIX C

Per VA Handbook 6500.6 Appendix C the following will apply:

GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

4.16 GUIDANCE FROM VA DIRECTIVE 6371

DESTRUCTION OF TEMPORARY PAPER RECORDS – MINIMUM STANDARDS FOR INFORAMTION DESTRUCTION

2. Documentation and Control of Resources

c. Documentation and control of destruction and collection vehicles:

•Vehicle make and model;

•License plate number;

•State/County of registration;

•Acceptable overnight storage address and location;

•Acceptable roadworthiness of vehicles;

•Locks and security of vehicles; and •Driver logs to show who has control of vehicle at any given time.

d. Documentation and control of all recipients of materials:

•Name of individual/company;

•Address where received;

•Method of final disposition; and •Certifications of destruction (general documentation acceptable as long as it is attributable to VA’s data (e.g., “bails shipped on <date> were pulped on <date>).

Other Operational Requirements

b. The only permissible uses of a mobile destruction vehicle will be within the enclosure of the destruction facility, on-site at the VA’s premises, or at an off-site location if approved of in advance by VA and is located within walking distance of the VA premises.

d. The mobile destruction vehicle will be made available to VA for audit, within the enclosure of the destruction facility, during the initial audit and during all scheduled re-audits, for demonstration purposes.

4.17 CONTRACTOR RESOURCE REQUIREMENTS AND INFORMATION:

· All contractors must be registered in the System for Award Management (SAM) database (http://www.SAM.gov) to be eligible for a government award.

· All contractors providing a response as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) must be registered and verified in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.gov) at the time of the offer and at the time of award.

· Contractor shall Contractor shall be required to provide documentation evidencing liability insurance coverage at the time of the offer, award and annually thereafter.

4.18 INVOICES AND PAYMENTS:

Upon notification of award, the Contractor must be vendorized in VA fiscal systems. The Contractor must:

· Submit a TIN and DUNS number to the Contract Officer for vendorization in the local VA logistics database, VistA, so a purchase order may be created for the contract.

· Submit a VA Form 10091 to the VA Finance Service Center (FSC), if one is not already on file.

· Register and create an account in the online VA payment system, Tungsten/OB10. More information can be found at http://www.va.gov/oaa/invoicing/faqs.asp.

Invoice Submissions. The VA uses a third-party web portal, called Tungsten OB-10 to process invoices. Tungsten OB10 receives invoice data through the Internet and verifies certain data fields on behalf of the VA, keys to AP routing for approval, and sends a confirmation report to the Contractor’s point of contact. Tungsten OB10 then creates an invoice PDF for delivery into the VA accounts payable system. The certifying official at the station will certify the invoice for payment.

Invoices are only to be submitted electronically to the VA Finance Service Center (FSC) through the Tungsten OB10 web portal. Invoices submitted directly to the FSC or the facility by fax or mail will not be accepted and will delay payment. Invoices submitted without a due date or purchase order (PO) number will be rejected.

Payment inquiries may be made to the Contracting Officer or through the Vendor Customer Service Support Helpdesk at 512-460-5049 or VAFSCCSHD@VA.GOV.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract to provide secure shredding of patient information, confidential information classified as Health Portability and Accountability Act (HIPPA) Documents, PII, PHI, and confidential personnel information. Includes providing containers and on-site shredding on a monthly basis. Includes providing certificates of destruction.

First 64/65 Gallon Locking Bin PLEASE NOTE: This is for 1 bin for 12 months Contractor Pick-up

Period of performance is April 1, 2020 to March…